, 1887-12-14

time at which the meeting will be held and also a summons
to the persons concerned to be present at the same. The appli
cation, with these inscriptions upon it, must thereupon be
made known by the person who has requested the inspection,
either through The ordinary citerers or two other respectable
persons, to the other party, in such a way that be gets at least
twice "a hours notice. Any person who is lawfully summoned
to meet, but remains away without lawfnI hindrance ms
ascfibe it to himself if the case is decided without any regard
being taken TO the special considerations which be might have
been able TO bring forward.
At the meeting, the surveyors, who are to be furnished by
the POicemaster with a Protocol to be authorised by the GOvurn-
ment and lodged at the Police Office, must make it a matter of
consequence to place the case clearly before the parties con-
cerned and TO try to bring about an agreement between then,
where that can be done.
If an agreement is arrived at, it is to be entered in the
Protocol aud signed by the persons concerned. Ii no agree
ment can be arrived at, the case must be taken up for award,
which must De given AS soon AS possible, latest within the
course of days, and must be entered, with the grounds on
which 1t is based, in the Protocol, and must also be signed by
the surveyors. At the conclusion of each meeting the Protocol
must be signsd by the surveyors and also by the parties to the
case SO far as they have 0een present. Should anyone refuse
to sign, the Surveyor are to note the fact in the Protocol as we'll
as the reason pleaded for the refusal.
Should any of the parties, during the discussion of the case
before tue surveyors, insist that any of the points coming
under consideration in the settling of the case, on hit. by VIZ,
tue of a special right or title, to be settled in a different manner
from what is prescribed i'll the Ordinance of 9th Jul. 1886 and
the present Bylaw, the question raised, unless the parties con-
cerned can agree to leave it tC the decision of the Jutveyors,
must be brought before the Courts. In that case a suitable
time is allowed to the person concerned, within which lie is to
lay his complaint, aud the case concerning the fencing is, more
over, postponed IN consequence until final Judgment is given,
unless the party concerned omits to lay his complaint and prose-
cute his suit in time, in which case the case concerning the
fencing Is to be proceeded with IN the usual way, as if the right
upon which he had insisted had been set aside by the Courts.
There must, however, i'll such case be entered in the award an
express reservation that he is tree, should he later win his
suit before the Courts, to demand that the fencing case shall
be taken up afresh at his own cost.
IL.
Whether the case is settled by agreement or by award, the
statement of he settlement arrived at must contain, in each
of the aforementioned cases, calculations concerning the points
brought forward under each respectively:
l. When a new fence is to be erected: concerning the height
of the fence and it's other qualities, also by whom and within
what time the prescribed work is to be done, and how the
future maintenance of the fence is to be arranged for. In
so far as the erection Of the fence is taken over by one of
the lot owners, against compensation from the other, the
time of payment.
2. When an older fence is to be altered or to be replaced by q
new fence: concerning the points mentioned under No. l.,
also what arrangements are to be made for the alteration or
removal of the older fence, who is to have the work under
this head done, and how far any compensation is to be Civ.
en- by the neighbour, and, ESQ, TO what amount and when
to be paid.
8. When a ~dHapidated fence is TO be repaired: concerning by
whom aud within what time the prescribed work is to be:
dome.
With regard to a re-sufvey, when such is requested, the
rules laid down in s 912 are to be observed.
The first appointed re surveyor is to act as Chairman, and
where a majority cannot be obtained his vote decides the matter.
After a fencing case has been settled the Protocol is to be
returned by the surveyors Or Te-SurveyOIS to the POHcemaSter.
On payment of the usual fees, the Poicemaster is bound to
furnish anyone who may request it, with extracts from the Pro-
t0col. The requested extract must be ready latest days after
it has been requested and the fee for it deposited with the
POlicemaster.
Mutual agreements, which have been arrived at, without
the intervention of q survey, i'll regard to the kind
of fence and its maintenance, the erection Of new fence
or the replacing of an old by a new fence, when such
agreements contain the necessary directions for the case
In question as stated under IL, shall, on theN demand
of either of the parties concerned, be entered, by the direction
of the PollcemaSter, i'll the Protocol, and sha5 then have the
same efficacy as an agreement entered into b fore the Surveyors.
For the business of a survey each surveyor or re-survevor iS